Estate of Richter

Introduction

Appellant Sylvia Richter appeals from an order declaring the filing of a petition to determine community property interests would violate the no contest clause in her deceased husband’s will.

Statement of Facts

Appellant and the decedent, her husband Mauricio Richter, were married on September 14,1974. The marriage lasted over 16 years, until his death on January 2, 1991.

The decedent executed a will on February 11, 1986. The will contained a number of specific bequests and a residual clause, which left 20 percent of the residue of the decedent’s estate to appellant. The will also contained a no contest clause.

In 1989, the decedent showed a writing to his nephew, Dr. Ervin Varga. It contained his thoughts on rewriting his will. It listed what the decedent understood to be his separate property assets and directions on how they would be disposed of after his death. It differed in a number of respects from the provisions of the decedent’s February 11, 1986, will.

Contentions

I

Appellant contends the trial court abused its discretion in finding her petition to determine community property assets in the decedent’s estate would constitute a will contest…